Website Terms and Conditions

Your access to and use of this website and all information and other material published on this website from time to time is conditional upon the terms and conditions set out in this document. By accessing or using the website you are agreeing to these Terms and concluding a legal binding contract with us. If you do not agree to these Terms you must not access or use the website.

We may modify these Terms from time to time. You should follow the link on the website to make sure you are viewing the current version of these Terms. Your access and use of the website is governed by the Terms as current at the time of your access/use. You should revisit these Terms on a regular basis. Your continue use of the website will be deemed acceptance of any modification to the Terms from time to time.

Your use of the website is at your own risk, including the risk that you may be exposed to Content that might be offensive, age sensitive, indecent, inaccurate, objectionable or otherwise inappropriate.

Definitions

In these Terms and any Policies, the following terms have the following meanings:-

Content includes text, images, photos, video, audio, location data and all other forms of data or communication.

Terms means these Website Terms and Conditions of Use comprising Parts A, B, C and D.

Listed Information means Content we may publish from time to time on the website with respect to Listed Persons including their name, contact information, reviews and scores.

Listed Persons are person or bodies that have a Profile on our website and includes agents, clubs, coaches, players and other golf and sporting professionals.

Policies means our privacy policy, Content policy and any other policy we may publish from time to time with respect to the website and which on publication will be deemed incorporated into these Terms.

Profile means the section of the website displaying the Listed Information about a Listed Person.

Services has the meaning given in Part A.

Third Party Content means Content that originates from parties other than us or its Users.

User means someone who accesses, browses, crawls, scrapes or in any way uses, interacts with or reads the website.

User Content means Content that users of the website submit or transmit through, or in connection with the website.

Website means www.kadii.golf each related website, social media page and each smartphone application.

Your Content means Content that you submit or transmit to, or through, or in connection with the website, such as reviews, comments, messages and information that you publicly display or display in your account profile.

A reference to a party includes that party’s agents, employees and officers.

PART A: SERVICES

Provision of Services

We may provide, amongst other things, the following goods and services to you subject always to the Terms (Services):-

the ability for Users to browse and view Listed Information;

the ability for Users to rate Listed Persons;

the ability for Users to provide comments, reviews and other information about Listed Persons which, subject to

our Content Policy, will be published in the Profile for the Listed Person;

the ability for Listed Persons to “claim” their profile on the website and update and manager their profile in

the ability to purchase goods and services through the website as offered from time to time.

We provide the Services in our absolute discretion and we are under no obligation to provide the Services to you, or continue to provide the Services to you. We may modify the Services from time to time in our absolute discretion and we may suspend the Services at any time. We do not need to give you any notice about any such activity by us.

PART B: ACCOUNTS AND CONTENT

Creating an Account

If you wish to submit or transmit your Content to us, you must create an Account on the website. We may restrict what Services are available to people who do have Accounts and those who do not have Accounts. We may from time to time set eligibility criteria for persons wanting to create an Account. We may close your account at any time without prior notice to you.

To create an account you will be required to provide your username (in the form of an active email address that belongs to you), a screen name and a password. You are solely liable for keeping your password confidential.

You will also be required to provide personal information such as your name, age, location. Such information is used by us to assess your eligibility for an account and to increase your credibility as a contributor of User Content. You warrant that the information provided by you is true and correct and accurate. You must not impersonate someone else, create an account for anyone other than yourself, provide an email address other than your own or create multiple accounts.
If you use a screen name that is intended to hide your identity, please take note that other people may still be able to identify you because of other activity by you on the website and elsewhere on the internet. Please refer to our Privacy Policy with respect to the use of your personal information.

You are solely liable for all activity that occurs on your account whether authorised by you or otherwise. You agree to notify us immediately if you believe there has been unauthorised activity on your account.

Your account is for your personal, non-commercial use only.

By creating an account you agree:-

to receive communications from us. You also agree to receive communications from other Users in relation to Your Content; and

that you will only use the Account for the purpose for which we agreed to create it.

You may terminate these Terms at any time by closing your account. Any indemnities, warranties or representations you have provided to us will survive termination.

User Content

You assume all risk in relation to Your Content including but not limited to Your Content being found to be offensive, misleading, deceptive, false, inaccurate, unlawful, defamatory or otherwise unreliable. You will be liable to anyone who has a Claim against you or us as a result of Your Content and you indemnify us absolutely with respect to any such Claim.

You warrant to us that you have the necessary permissions and authorisations for us to publish Your Content.

Once you submit or transmit to us Your Content it cannot be withdrawn.

We will assess Your Content against our Content Policy but have absolutely no obligation to you to do so. We may determine without reason to reject Your Content and accordingly Your Content will not be published on the website. We are not required to give notice to you in relation to whether we have accepted or rejected Your Content. You are solely responsible for Your Content whether or not we determine it satisfied our Content Policy.

You warrant to us that you are the owner of all intellectual property rights in any Content which you submit or transmit to us for publication on the website including commentary in forums, reviews, blogs, posts, suggestions, ideas, feedback and testimonials. In accordance with Part C of these Terms you assign and transfer all intellectual property rights (including moral rights) in Your Content to us.

You agree that we may publish or reproduce all or any part of your Content on the website and that we may solely determine how we present Your Content on the Website. We may also:-

Reformat your Content;

Display it in advertisements;

Create derivative works from it,

Promote it;

Distribute it;
and allow third parties to do any of the above in relation to their own websites or media platforms. You irrevocably grant us and the Users of the website a right to access and use Your Content without limitation.

We may make such amendments to Your Content as we, in our sole discretion, determine reasonable before displaying Your Content on the website.

We may determine whether or not to attribute Your Content to you, remain silent on any attribution or otherwise attribute Your Content to us.

You indemnify us without limitation against all loss, cost, expense or damage which we may suffer or incur as a direct or indirect result, or otherwise attributable to:-

Your Content; and

any Claim made against us by any third party which arises directly or indirectly or otherwise results from Your Content.

Listed Information

User Content does not reflect our opinions on Listed Persons.

We may obtain Listed Information from Listed Persons, Users and other publicly available sources.

You accept that we have disclaimed all liability in relation to the accuracy and truthfulness of the Listed Information whatsoever. We will not be liable to any Listed Person should the Listed Information not be accurate or truthful. The Listed Person must deal directly with the User responsible for the Content. We may assist to provide contact details for the User but are under no obligation to provide personal information in relation to the User. We are under no obligation to enforce the Terms on your behalf against another User.

You acknowledge that the Listed Information may be out of date. You must not rely on the timeliness of the Listed Information.

You may at any time notify us of any Content, whether in respect to you or any other person, which you consider to be of a nature warranting its removal or modification (Take Down Notice). You agree to follow any procedures which we specify from time to time with respect to your Take Down Notice, including information verifying your identity and the basis upon which you consider the relevant Content to warrant a removal or modification. We are under no obligation to remove or modify the Content. If we do determine to remove or modify the Content you acknowledge that we do so on a without prejudice or admission basis and upon removal or modification (as the case may be) you agree to release and indemnify us from any Claim which you may have had against us.

Our website may not give an accurate reflection of Listed Persons either because some of the information about them, or their Profile entirely, may have been asked to be removed. You must make your own independent assessment of all Listed Information taking into account what may be omitted.

Listed Persons

We may remove Listed Persons from the website at any time. No person has a right to be listed as a Listed Person on our website.

We may permit Listed Persons to “claim” their Profile by identifying themselves to us to our absolute satisfaction. A person must not claim a Profile that is not theirs.

A Listed Person must not comment on any other Listed Person’s Profile. A Listed Person must not provide, or procure other persons to provide, false or misleading testimonials.

What Listed Information a Listed Person who has claimed their Profile is able to control, modify, amend or delete will be in our absolute discretion. We are under no obligation to provide you any ability to do anything with respect to your Profile or the Listed Information about you.

If we do permit you to control, modify, amend or delete your Profile you must at all times comply with our Profile Policy and any other relevant Policies.

PART C: BRANDING AND ADVERTISING

We may from time to time offer the opportunity for Listed Persons to purchase branding and/or advertising space on our website. The terms applicable to any such branding or advertising will be negotiated at the time and on acceptance deemed to be incorporated into these Terms.

You:-

must provide the content, at your cost, in such format as required by us;

agree to pay all fees charged by us with respect to any branding or advertising agreed to by us;

agree to provide complete and accurate information in relation to any branding or advertising;

warrant that you are the sole owner of all intellectual property rights in the content provided to us for the purpose of branding or advertising;

you grant us a licence to publish your intellectual property rights for the purpose of your branding and advertising;

will be solely liable for any Claim by any third party with respect to the branding or advertising;

indemnify us with respect to any Claim suffered by us as a result of, or directly or indirectly attributable to, your branding or advertising.

PART D: SUBSCRIPTION TERMS

Services

All subscriptions are automatically renewing with the exception of gift subscriptions. This means that once you sign up for a free trial or become a subscribing member, your subscription will be automatically renewed and your billing method will be charged based on the subscription program (semiannually, quarterly, monthly, etc.) you have chosen unless you opt out or cancel by following the instructions in this Agreement. Please ensure that you correct any information which has changed in respect to your Payment Method to prevent your subscription lapsing due to us being unable to process your payment. Billing charges will be processed immediately when your order is taken and according to the billing details displayed when you choose a subscription, as well as when your subscription is automatically renewed. In the case of subscriptions longer than one month, you will be notified via email before your subscription ends and asked to correct any information which has changed and reminded of the opportunity to “opt out” of your renewal. The renewal of the subscription takes place subject to the terms and conditions in force on the date of renewal. When other offers, promotions or free trials are made available, the specific terms and conditions that apply to each will be stated at the time of purchase; please ensure you have noted any relevant rules, cancellation dates or price changes when a promotion or free trial ends.

Opting Out of Renewal

You may opt out of renewing your subscription by logging into your Account page on the Website(s) you have subscribed to at least two business days before the renewal date and following the cancellation instructions there. If you do not let us know that you want to terminate your subscription at least two business days prior to the end of the current subscription period, the payment for the renewal period of the subscription will be processed.

Cancellations and Refunds

If you sign up for a free trial, you may cancel at any time during the free trial period and incur no charge. Monthly subscriptions and any subscription that is billed on a monthly basis may be cancelled at any time but are not eligible for a refund. For initial purchases of subscriptions longer than one month where the entire subscription amount is billed at one time, you may cancel during the first 30 days and receive a full refund. If such subscription begins with a free trial, the 30 day refund period begins after the free trial ends. If you commit to an Annual Billed Monthly, Semi-Annual Billed monthly or other longer-term subscription that is billed monthly, your cancellation policy will depend on the billing details displayed when you choose such subscription. For all subscriptions longer than one month, you may cancel within seven days of the renewal date and receive a full refund. If you cancel your subscription but are not eligible for a refund, you will retain access to the applicable Website(s) until your subscription expires. Cancellations may be made by email via the contact form or by logging into your Account page on the appropriate Website and following the cancellation instructions there. Your cancellation must be received by end of business on the appropriate day as described above. All refunds will be given to the original credit card on which the purchase was made. Please allow a reasonable time for the refund to reach you or be charged back to your account.

Termination or Suspension of Your Account

If we believe, in our sole discretion, that you are in breach of this Agreement or are acting inconsistently with the letter or spirit of this Agreement, we may limit, suspend or terminate your access to the Websites. In such a case, no portion of your subscription payment will be refunded. We also reserve the right to suspend or terminate your access to the Websites for any reason, and should we decide to suspend your access for any reason other than a breach by you, we will refund to you any unused portion of your subscription payment, which will be your sole and exclusive remedy upon such suspension or termination.

Prices Subject to Change

Prices may be changed by Kadii at any time and each renewal of your subscription will be at the price that you were originally charged for that subscription when you subscribed unless otherwise stated or there is a change in your subscription price. Kadii shall provide you with reasonable notice of any change in prices prior to the effective date of the new pricing by email or other reasonable means such as a notice on the pertinent Website(s) or in usual subscriber communications. If you do not wish to continue with your subscription due to the new prices, you may opt out of renewal or cancel as set forth above.

In addition to any other disclaimer of liability in these Terms, we take no responsibility for any loss, damages, costs or expenses suffered in connection with the website, or any of the Content. This specifically includes, but is not limited to, loss

PART E: GENERAL TERMS

Liability

In addition to any other disclaimer of liability in these Terms, we take no responsibility for any loss, damages, costs or expenses suffered in connection with the website, or any of the Content. This specifically includes, but is not limited to, loss arising out of:

the Content;

transmission of computer viruses;

damage to your computer through accessing the website or any links or other material on our website;

Content on our website being inaccurate;

you relying on Content on the website; and

Content on the website being out of date.

To the maximum extent permitted by law, we exclude all liability arising from you accessing the website, or the Content published on the website from time to time including links.

Where we are not permitted to be excluded by law, our liability arising out of you accessing the website or any information, blog, links or other material on our website is limited to us re-supplying the Content on the website to you, or us paying the cost of the resupply of the Content to you.

We will not be liable to you or any third party for special damages, indirect damages, incidental damages, consequential damages, lost profits whatsoever and howsoever arising.

If the Competition and Consumer Act 2010 (Cth) applies to these Terms and permits the limitation of liability for breach of warranty implied by statute, our liability to you is limited at our option to:-

in the case of goods, any one or more of the following:

the replacement of the goods or the supply of equivalent goods;

the repair of the goods;

the payment of the cost of replacing the goods or of acquiring equivalent goods;

the payment of the cost of having the goods repaired.

in the case of services:

the supplying of the services again; or

the payment of the cost of having the services supplied again.

Viruses or Defects

We make no representation or warranty that the material on our website or any link to another website is free from viruses or other defects. We strongly recommend that prior to using any downloaded file, you carry out an appropriate virus check.

Intellectual Property

The website and all information and other material published on this website from time to time including Your Content is the copyright property of Kadii immediately on publication unless we expressly advise otherwise. You irrevocably assign to us all of your right, title and interest in the intellectual property comprised in Your Content immediately on submitting, transmitting, sending or otherwise delivering Your Content to us.

Intellectual property includes things such as trademarks, copyright, text, graphics, logos, systems, icons, sound recordings and software. It also includes any feedback or suggestions you may provide to us to improve the Services.

Content on this Website may contain the intellectual property of other entities including advertisers. We do not authorise you to use the intellectual property of other entities in any way whatsoever. We do not represent that we have any power to authorise you to do so.

The rights in our intellectual property remain with us at all times. Your use of the website or access to any information or material published on the website from time to time does not grant to you any right to use our intellectual property in any manner other than set forth herein.

Website Content

The information and other material published on this website is provided for your personal, non-commercial use. Whist you may print or save a copy for your own use, you may not, without our written permission copy, reproduce, adapt, modify, republish, frame, post, upload, distribute, transmit, reverse engineer or make available the website or any of the information or other material published on the website from time to time.

You may not commercialise or use for commercial benefit the website or any information or other material including intellectual property published on the website from time to time.

Cookies

We use cookies on our website. These are small text files that are placed on your computer when you visit our website. We use Cookies to monitor the traffic to the various pages on our website so that we can improve its relevance to our clients. Most of this information is aggregated and used for statistical purposes. The information we collect in this manner, is not reasonably personally identifiable.

Most browsers are set up to accept cookies however if you do not wish to receive any cookies, you may be able to change the settings of your browser to give you greater control over this.

We also collect some information about your use of our website. Much of this information will not be personal as it will not reveal your personal identity.

We may use cookies for remarketing purposes on internet search sites.

To support our website and the information we post, we sometimes embed photos and video Content from other websites and video channel sites. As a result, when you visit a page on our website with Content embedded from these other websites, you may be presented with cookies from those other websites. You should check the terms and conditions on those websites for more information about their cookies.

Links

You will notice that some of the information and material we have provided on our website contains links to other websites. We make no representation or warranty as to the accuracy or any other aspect of the information or material on those websites. We do not have any arrangement (other than paid advertising arrangements) and we do not endorse or recommend any of the information, goods or services referred to on any of the linked websites unless specifically stated.

System Interruptions

We do not warrant that our website or Services will be free from errors or interruption free. We may suspend access to our website at any time and from time to time without warning to you. We will not be liable to you for loss suffered in connection with your inability to access the website.

Updates

We may update or modify these terms and conditions from time to time. You should always follow the link on our website to ensure that you are viewing the most up-to-date copy.

Eligibility and Assignment

You must be over 16 years to use this website. You cannot assign your rights under these Terms. We may assign our rights at any time without notice to you.

Governing Law

The laws of Western Australia apply to these terms and conditions.

Entire Agreement

Except as expressly provided herein, there are no other representations, warranties, covenants or undertakings between you and us and these Terms supersedes all previous agreements in respect of the subject matter and embodies the entire agreement between you and us.

Severability

If any provision of these Terms are deemed unenforceable or invalid for any reason, such invalidity or unenforceability shall not affect the operation or interpretation of the remainder of these Terms and the invalid or unenforceable provisions shall be considered severed from these Terms.